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    • What a disgraceful shirking of responsibility.  Par for the course though I'm afraid with Iceland. You could get nasty and send them a version of the below (you know the local area so change what needs to be changed). Unfortunately the people who are replying are having to comply with the company policy which is being foisted on them - which is not to cancel tickets. But you might as well send the mail and try.   Dear Cissy, thank you for today's mail. Of course you are "able" to cancel the charge, you simply contact Excel and tell them to cancel the charge. I will wait for exactly 24 hours and then contact the local newspaper XXXXX and the local radio station XXXXX about Iceland's disgraceful disability discrimination.  Nothing much happens in Gravesend so I'm sure both will be happy to do a piece which will generate terrible publicity for your store and drive away customers, which is exactly what you deserve. Yours, XXXXX 
    • You are absolutely right to be cautious. It would be helpful if you will be prepared to send me a private message containing details of the outlet and the address et cetera. It might help me to get things more into perspective. So I understand that you had a business selling your husband's photographs. You were unable to continue your direct involvement and so you made an arrangement with a manager who you trusted to carry on the business for you while you were recovering elsewhere in the country. Is this correct? This manager has possession of all the files of your husband's photographs. Is this correct? Do you have any copies of the files? You made a reference to having a Co-op. Does that mean that you are running a Co-op supermarket or groceries outlet? I don't quite understand here. In terms of the possibility of continuing the arrangement with this manager – my own view is that you need to bring the arrangement to an end and I don't see how you could trust them. As far as I can see you are asking about two issues. Making sure that the files in the manager's position are destroyed so that you regain control of the photographs. Obtaining some damages for the loss of revenue. How many photographs do you believe are in his possession? What you estimate is your loss of revenue so far – probably calculated on your average revenue over, say, the five years before you stop your involvement in the business? You are talking here not only about a breach of contract. You are talking also about breach of copyright and frankly you're also talking about theft. Additionally, if you begin the dispute with this person, I would say that they will probably leave immediately. Have you got somebody else to run the business or would that be the moment that the whole thing collapses? If it is the latter, then this is something else that you need to prepare – somebody to take over as seamlessly as possible   Also, do you know the address of this person – and do they own their own home or any other assets?  
    • Just as i thought (from above post) : i just hope this is not the normal customer service that say they cant do anything and that you have to appeal to excel parking 🙄 this is the response my friend has received today - totally ignoring the subject which was: 'victim of disability discrimination on the part of your agents' does anyone have any ideas to reply with please?     Thank you for your response.   I would like to apologise for the error in the previous email; our CEO, Tarsem Dhaliwal had received your email and tasked ourselves in the Executive Resolution Team with looking into this.   We have raised this with our internal property department who have more information on parking charges and any appeals, we can see that you had appealed the PCN with excel which was rejected, you then appealed the PCN with IAS which was also rejected.   Because of this, we would not be able to cancel or refund the charge.    I understand this may not be the outcome you had hoped for, I am sorry for any inconvenience caused.   Kind regards, Cissy
    • Officials at the Federal Reserve are expected to hold off on any interest rate cuts this month.View the full article
    • I appreciate any help on this. I got 2 different speeding tickets and I'm hoping I can get one of them canceled as it's for the exact same road, 2 days back to back. The limit was 40mph, but I honestly thought it was 50mph and so I was driving withing that limit... First time driving that road. No other points ever on my driving lisence if that matters. Any advice for the appeal please? DETAILS: AF57ONB 0013032393514620 - 209266 0013032398514320 - 748169
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
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Cap1 & CCA return


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sorry to pop in here, Peter, can you answer this - I have to take a change of Particulars form into court, N244, because GE Money (written without the word servicing)have said they do not exist, but are GE Money Servicing ltd, who administer ac for IGroup (formerly ocwen), my payments appear on my bank statements as going to GE Money Servicing ltd so it is them surely that I am claiming the unfair charges back from?

'rise like lions after slumber, in unvanquishable number, shake your chains to the earth like dew, which in sleep had fall'n on you, ye are many, they are few.' Percy Byshse Shelly 1819

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Sorry!

I had to take the dog's out, cook dinner etc. and I have only just had time to look at the doc., that you have typed out-

 

 

Hi AC. Sorry but I had an unexpected trip to the sea-side yesterday:) I needed it!

 

The ticked boxes are dated 18-9-06. I was quite surprised that no one else commented too! I wasn't sent anything else by MBNA except the card, and I don't know what T&C's 4-16 are because I have only seen

1-3.

There are a few things that are bothering me though-

1) I only applied online, I didn't agree

2) This is obviously an online printout as it refers to links

3) They could've put anyone's name on the top of this thing! How is a ticked box proof that I've applied and/or agreed to anything?

 

So basically what's there to stop MBNA putting YOUR name on one of these things? A couple of ticked boxes and you owe them £xxxx, whatever they decide? They must still need some kind of proof that I applied and agreed mustn't they?

Hi

They would say that you were sent cancellation details as per the dma or secton 62 via post or e-mail and you didn't cancell if they didn't you have a case under section 127(4) for unenforceability.

 

Regards

Peter

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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sorry to pop in here, Peter, can you answer this - I have to take a change of Particulars form into court, N244, because GE Money (written without the word servicing)have said they do not exist, but are GE Money Servicing ltd, who administer ac for IGroup (formerly ocwen), my payments appear on my bank statements as going to GE Money Servicing ltd so it is them surely that I am claiming the unfair charges back from?

HI

Ther are far better people on here to advise you on bank charges but in my opinion yes it would be GE money servicing your are claiming made the unfair charges on your account and therfore are chasing for a refund.

Regards

Peter

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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Hi peter thanks. If that's the case, who's responsibility is it? Theirs to prove they posted me it, or mine to prove I never got anything but the card?

Abbey - *SETTLED IN FULL!* ;)

-£445 refunded after one phonecall

HERE

 

Lloyds - Reclaiming Charges ***WON!***

-09/05/07 - Prelim delivered

-22/05/07 - LBA sent - no response

-11/07/07 - Filed at court

- 26/07/07 - Full settlement offer!!!! Donation made ;)

HERE

 

Next - Trying to Sue us with no agreement! :lol:

-29/06/07 - Defence filed

-16/08/07 - AQ filed

-19/09/07 - Claim struck out!! :p

HERE and continued HERE

 

PLEASE CLICK MY SCALES IF I'VE HELPED!

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Hi peter thanks. If that's the case, who's responsibility is it? Theirs to prove they posted me it, or mine to prove I never got anything but the card?

 

You can't prove a negative monopoly23.

Please note: I give advice, in good faith, based on my reading and experience. Please satisfy yourself, that any advice given is accurate in content before acting upon it.

A to Z index

http://www.consumeractiongroup.co.uk/forum/site-questions-suggestions/53182-cant-find-what-youre.html

 

...........................................................................

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Hi peter thanks. If that's the case, who's responsibility is it? Theirs to prove they posted me it, or mine to prove I never got anything but the card?

HI

The cancellation details may have been included with the Tand C's when the card was sent if not.

The burden of proof is always on them but if you have used the card a judge may say if you didn't wan't it why did you use it.

If you are saying that the sent you an unrequested card than they have commited an offence under section 51 of theACT.

 

Regards

Peter

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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sorry to pop in here, Peter, can you answer this - I have to take a change of Particulars form into court, N244, because GE Money (written without the word servicing)have said they do not exist, but are GE Money Servicing ltd, who administer ac for IGroup (formerly ocwen), my payments appear on my bank statements as going to GE Money Servicing ltd so it is them surely that I am claiming the unfair charges back from?

HI M

 

Coincidentlly i just opened my mail and there was a mail shot from GE Money asking me if i want a loan.Slippery b****rs arnt they the number is 0800 072 4981 perhaps you ought to ring them and tell them they don't exist.;)

 

Regards

Peter

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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HI

Ther are far better people on here to advise you on bank charges but in my opinion yes it would be GE money servicing your are claiming made the unfair charges on your account and therfore are chasing for a refund.

Regards

Peter

thanks, I thought it had to be them, how silly it is, they say they have no contract with me!

 

you are right there are some excellent minds on this thread!

'rise like lions after slumber, in unvanquishable number, shake your chains to the earth like dew, which in sleep had fall'n on you, ye are many, they are few.' Percy Byshse Shelly 1819

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HI

Ther are far better people on here to advise you on bank charges but in my opinion yes it would be GE money servicing your are claiming made the unfair charges on your account and therfore are chasing for a refund.

Regards

Peter

 

If this helps the registered address for

GE Capitol Bank Limited is:-

6 Agar Street

London WC2N 4HR

 

FSA # 204572

 

GE Money

Malvern House

Croxley Business Park

Watford

Herts

WD18 8YF

 

FSA# 304175

 

Love AC

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Received a CCA reply from 1st Credit/MBNA enclosing a single side A4 sheet. All unreadable apart from hand filled in info. Also what appears to be a label with my name and old address typed on.

 

I've blurred personal details.

 

Picture002-1.jpg

 

LOL

 

:D

 

And what, exactly, do they think that is supposed to be

 

IMHO, bu**er all chance of a court enforcing that one

 

:cool:

omnia praesumuntur legitime facta donec probetur in contrarium

 

 

Please note: I am not a member of the legal profession, all advice given is purely my opinion, if in doubt consult a professional

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What is the agreement meant to be for, it states visa?

Looks like a loan application?

or is it a cc application form?

 

The doc. is almost illegible, is that just due to your copy, or is this how it was sent to you.

 

Perhaps, you could scan or ,shoot a pic of the doc. and then photobucket it, therby obtain a clearer image.

 

AC

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Guest Battleaxe

Looks more like an Application to me and they will have a hard time in court, but this is par for the course with MBNA, faxed copies of applications forms and completely illegible.

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What is the agreement meant to be for, it states visa?

Looks like a loan application?

or is it a cc application form?

 

The doc. is almost illegible, is that just due to your copy, or is this how it was sent to you.

 

Perhaps, you could scan or ,shoot a pic of the doc. and then photobucket it, therby obtain a clearer image.

 

AC

 

Hi AC,

 

It's a MBNA Visa Card account. The picture is a high res (10 megapixel) pic of the actual doc sent so what you see is what I got.

 

Like you said it's illegible.

 

What should I do now. Their 12 + 2 days are up and they are 10 days in to the 30.

 

Thanks

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Its up to what you want to achieve.

 

Stop paying the alleged debt off Get the alleged debt written off, make the alleged debt unenforceable, get all the interest back that you paid or just lie low in the knowledge they cant hassle you anymore.

 

I'm in the same situation. Havent been hassled since the 12 days expired. that was last November.

 

Ive now got up enough courage to try to get it all written off and get all payments made to them returned.

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After the 30 days what's the next step?

 

 

Hi,

 

 

You could go down the "reporting to OFT and Trading Standards" route!

 

Then you could write to 1st credit and tell them what a load of SH*** they have sent, now can you have a proper one!

 

 

Best wishes, Jeff.

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Under s.61 [1][c] that for the document to be properly executed it must be

readily legible.

I am unsure that by sending you a copy that is pretty illegible is grounds

for you to claim that they are now in default. Since were the document the

actual executed agreement, then they do have it in their possession-unlike

many other companies. So not to ask for a legible copy, which is your right,

may count against you when going for unenforceability.

That is just my opinion- I could be wrong. But it might be worth pointing out

to them that your copy is unintelligible and could they please send one that

you can understand.

Then, if they don't respond, or send another similar illegible copy, you have

stronger grounds to argue the case. Of course it may be that they only

have the application and are trying to disguise the fact.

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Its up to what you want to achieve.

 

Stop paying the alleged debt off Get the alleged debt written off, make the alleged debt unenforceable, get all the interest back that you paid or just lie low in the knowledge they cant hassle you anymore.

 

I'm in the same situation. Havent been hassled since the 12 days expired. that was last November.

 

Ive now got up enough courage to try to get it all written off and get all payments made to them returned.

 

 

I cca's MBNA theyve had their 12 working days and are 11 off offending.

 

If they do commit the offence, is it possible to get the balance wiped and the interest returned?

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Hiya guys - can you please have a look at my new thread, Mitzbag vs MBNA. This is for a friend of mine and his CCA request.

 

Another example of terrible CCAs

 

Please leave me some comms as I would like your expertise to pass onto my friend!

 

There's a little bit of an update about me too... arrrr

 

http://www.consumeractiongroup.co.uk/forum/general-debt/95689-mitzbag-mbna.html#post883866

 

 

Many thanks

 

Pudsters14 x x x

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I cca's MBNA theyve had their 12 working days and are 11 off offending.

If they do commit the offence, is it possible to get the balance wiped and the interest returned?

 

 

It probably depends on how you play it Wednesday.

Should they get as far as committing the offence, while you can threaten

to report them as a stick to beat them, if you want the debt written off, you

are probably better off not reporting them.

Get them to write to the debt off in exchange for not reporting them might

work if you word it right-ie don't make it look like blackmail. To a certain

extent it may depend on the size of your debt as to whether they would

consider a write off. Under £2500 and you should have chances.

Getting money back is more problematic, not to say very unlikely.

You will be saying on the one hand that you do not acknowledge the debt

and that it is unenforceable. On the other hand you are askiing for interest/

money back for a debt that you say they cannot prove exists.

You are trying to square the circle methinks.

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Under s.61 [1][c] that for the document to be properly executed it must be

readily legible.

I am unsure that by sending you a copy that is pretty illegible is grounds

for you to claim that they are now in default. Since were the document the

actual executed agreement, then they do have it in their possession-unlike

many other companies. So not to ask for a legible copy, which is your right,

may count against you when going for unenforceability.

That is just my opinion- I could be wrong. But it might be worth pointing out

to them that your copy is unintelligible and could they please send one that

you can understand.

Then, if they don't respond, or send another similar illegible copy, you have

stronger grounds to argue the case. Of course it may be that they only

have the application and are trying to disguise the fact.

 

 

LFI,

 

(Pleeease take this with the lighthearted edge that is intended :) )

 

I know you like playing devils advocate, but even with the extremely poor quality of thatd document, it is quite clear it is an application form and also lacking prescribed terms so they wouldnt have an ice cubes chance in hell of enforcing this

omnia praesumuntur legitime facta donec probetur in contrarium

 

 

Please note: I am not a member of the legal profession, all advice given is purely my opinion, if in doubt consult a professional

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Lookingforinfo my balance is around £3800, i am looking to wipe the debt, if and when the time comes.

 

I'm about to send a non compliance regarding the S.A.R - (Subject Access Request), when i receive the statements, im going to add up the charges and say, i alleged owe you x, you owe me y through illegal charges, you cant produce my agreement, so the debt is not enforcable, so if they wipe the rest and remove all the stuff from the cra, ill be happy. Obviously id be happy to turn the knife and receive a cheque too, but firstly is to get the account zero'd.

 

i was on the underdstanging that MBNa cant make a profit from an unenforcable debt? So if i added up all the spending and took away all the payments, could i not reclaim the difference as this would be their profit?

 

Its all on my thread

 

http://www.consumeractiongroup.co.uk/forum/mbna/84974-wednesday1867-mbna.html

 

Cheers for the info and any reply to my thread :)

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Under s.61 [1][c] that for the document to be properly executed it must be

readily legible.

I am unsure that by sending you a copy that is pretty illegible is grounds

for you to claim that they are now in default. Since were the document the

actual executed agreement, then they do have it in their possession-unlike

many other companies. So not to ask for a legible copy, which is your right,

may count against you when going for unenforceability.

That is just my opinion- I could be wrong. But it might be worth pointing out

to them that your copy is unintelligible and could they please send one that

you can understand.

Then, if they don't respond, or send another similar illegible copy, you have

stronger grounds to argue the case. Of course it may be that they only

have the application and are trying to disguise the fact.

 

With respect haven't I already fulfilled my part of the CCA 1974 by requesting a 'true executed copy' and paying the statutory fee.

 

Their duty is to supply a legible true copy which they have clearly failed to do and so are in default.

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